HOLDINGS: [1]-Because the gravamen of plaintiff’s complaint was that defendant failed to pay money it owed under a cardmember agreement, plaintiff could not extend Delaware’s three-year statute of limitations that applied for such a breach of contract claim by pleading common counts instead; [2]-Plaintiff failed to establish that the trial court erred in identifying the gravamen of the complaint as an action to collect debt incurred under the cardmember agreement; [3]-Plaintiff’s breach of contract action did not arise under an act of Congress, but was a state law claim; accordingly state law, specifically Delaware law, governed; [4]-Plaintiff failed to raise a triable issue of material fact as to which statute of limitations applied, so the trial court appropriately granted defendant summary judgment both on plaintiff’s complaint and defendant’s cross-complaint.

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Affirmed in part, reversed in part, and remanded for further proceedings.